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CFR Regulation

TRANSPORTATION EXPENSES

Citation
41 CFR Part 301-10
Current through
Sections
46
§ 301-10.1Eligibility for transportation expenses payment.

Employees are eligible for payment of authorized transportation expenses when performing official travel, including fares, rental fees, mileage payments, and other expenses related to transportation.

§ 301-10.2Authorized transportation methods.

Agencies may authorize the following transportation methods:

(a) Common carrier transportation (including aircraft, train, bus, ship, or other transit system) under subpart B of this part;

(b) Government vehicle under subpart C of this part;

(c) Privately owned vehicle (POV) under subpart D of this part; or

(d) Special conveyance (such as taxi, transportation network company, innovative mobility technology company, or commercial automobile) under subpart E of this part.

§ 301-10.3Selection of transportation method.

The agency must select the transportation method that the agency determines is the most advantageous to the Government.

§ 301-10.4Liability for unauthorized or indirect travel.

Employees will be reimbursed for only the constructive cost of traveling to their destination using the authorized method of transportation and by the usually traveled route, unless their agency authorizes a different route as officially necessary. Any additional expenses incurred will be borne by the employee.

§ 301-10.100Use of other than coach class accommodations.

Employees are authorized to use the least expensive class of accommodations ( e.g., coach class) necessary to meet their needs and accomplish the agency's mission. Employees may be authorized to use accommodations other than coach class only when the agency head or designee specifically authorizes or approves such use under specific circumstances. Except as otherwise indicated in this section, agencies should authorize the lowest level of other than coach class accommodations, starting with premium economy, then business, then first, with much higher agency scrutiny on each increase in class level authorized. The agency head or designee may authorize other than coach class accommodations when—

(a) Such accommodations are required to accommodate a medical disability or other special need (see part 301-13 of this subchapter);

(b) Exceptional security circumstances, as determined by the agency, require other than coach class accommodations;

(c) Regularly scheduled service between origin and destination points provides only non-coach class accommodations;

(d) Common carrier costs are paid in full through agency acceptance of payment from a non-Federal source in accordance with chapter 304 of this subtitle;

(e) The use results in overall cost savings to the Government by avoiding additional subsistence costs, overtime, or lost productivity time;

(f) No coach class space is available that allows arrival in time to accomplish an urgent mission;

(g) Coach class accommodations on an authorized foreign carrier do not provide adequate health or sanitation standards;

(h) The origin and/or destination is/are OCONUS and scheduled flight time, including stopovers and change of planes, is in excess of eight hours, in which case agencies can authorize or approve premium economy class accommodations;

(i) The origin and/or destination is/are OCONUS and scheduled flight time, including stopovers and change of planes, is more than 14 hours, in which case agencies can authorize or approve business class accommodations;

(j) No coach class, premium economy class, or business class accommodations are available on a common carrier scheduled to leave within 24 hours of the proposed departure time, or scheduled to arrive within 24 hours of the proposed arrival time, in which case agencies can authorize or approve first class accommodations;

(k) Such accommodations are required because of agency mission; or

(l) The agency determines other than coach class accommodations are more advantageous than authorizing a rest period.

§ 301-10.101Changes to or non-use of common carrier reservations.

Employees must take action to change or cancel their common carrier reservation and report any changes or cancellations as prescribed by their agency. Failure to do so may subject the employee to liability for any resulting losses.

§ 301-10.102Handling of unused Government transportation items.

Any unused ticket or refund applications are the property of the Government and must be returned to the agency in accordance with agency procedures. Employees are not authorized to receive or keep a refund or credit for unused transportation, except as provided in § 301-10.123.

§ 301-10.110Requirement to use contract City Pair Program fare.

(a) Employees of an “agency” as defined in § 300-1.1 of this subtitle must use a contract City Pair Program fare for scheduled air passenger transportation service unless specific exceptions exist in § 301-10.111.

(b) When a carrier offers both a lower-cost capacity-controlled coach class contract fare (_CA) and an unrestricted coach class contract fare (YCA), employees must use the lower-cost fare when it is advantageous and meets mission needs.

(c) Employees of the Government of the District of Columbia, except the District of Columbia Courts, are not eligible to use contract City Pair Program fares.

§ 301-10.111Exceptions to contract City Pair Program fare usage.

The agency head or designee may authorize use of a non-contract fare when—

(a) There are no accommodations available on any scheduled contract City Pair Program flight arriving to the employee's destination in time to accomplish the travel purpose or use of contract service would require the employee to incur unnecessary overnight lodging costs which would increase the total cost of the trip;

(b) The contractor's flight schedule is inconsistent with explicit policies of the Federal department or agency with regard to scheduling travel during normal working hours;

(c) A non-contract carrier offers a lower fare to the general public that, if used, will result in a lower total trip cost to the Government (the combined costs of transportation, lodging, meals, and related expenses considered); or

(1) The exception in this paragraph (c) does not apply if the contract carrier offers the same or lower fare and has seats available at that fare, or if the fare offered by the non-contract carrier is restricted to Government and military travelers performing official business and may be purchased only with a contractor-issued charge card, centrally billed account ( e.g., YDG, MDG, QDG, VDG, and similar fares) or GTR where the two previous options are not available.

(2) [Reserved]

(d) Cost effective rail transportation is available and is consistent with mission requirements.

(e) A group of 10 or more passengers traveling together on the same day, on the same flight, for the same mission, requiring group integrity and identified as a group by the travel management service upon booking is not a mandatory user of the Government's contract City Pair Program fares. For group travel, agencies are expected to obtain air passenger transportation service that is practical and cost effective to the Government.

(f) Contractors are not authorized to use contract City Pair Program fares to perform travel under their contracts.

(g) Carrier preference is not a valid exception for using a non-contract City Pair Program fare.

§ 301-10.112Liability for unauthorized non-contract carrier use.

Employees are responsible for any additional costs or penalties incurred by using a non-contract carrier when contract service is available and no authorized exception applies.

§ 301-10.122Compensation for denied seat.

When performing official travel and a carrier denies a confirmed reserved seat, employees must provide any liquidated damages payment to their agency in accordance with their agency's procedures.

§ 301-10.123Compensation for voluntarily vacating a seat.

(a) Employees may keep airline compensation for voluntarily vacating a seat under two conditions:

(1) Voluntarily vacating the seat will not interfere with performing official duties; and

(2) Any additional travel expenses resulting from vacating the seat are personally borne and not reimbursed by the Government.

(b) If volunteering causes travel delays during duty hours, the agency will charge the employee annual leave for the additional hours.

§ 301-10.124Use of reduced group or charter fares.

Employees may use reduced group or charter air fares only when the agency has determined, on an individual case basis before travel begins, that such a fare is cost-effective. Chartered aircraft are subject to Government aircraft rules, and executive branch agencies must follow Office of Management and Budget Circular A-126 and part 102-33 of this title when determining cost-effectiveness.

§ 301-10.132U.S. flag air carrier requirement.

Anyone whose air travel is financed by U.S. Government funds must use a U.S. flag air carrier, except as provided in §§ 301-10.134, 301-10.135, and 301-10.136.

§ 301-10.133U.S. flag air carrier service.

U.S. flag air carrier service is service provided on an air carrier holding a certificate under 49 U.S.C. 41102 (excluding a foreign air carrier operating under a permit), and which service is authorized by the carrier's certificate or by exemption or regulation. This also includes service provided under a code share agreement with a foreign air carrier in accordance with title 14, Code of Federal Regulations, when the ticket identifies the U.S. flag air carrier's designator code and flight number.

§ 301-10.134Fly America Act requirements and exceptions.

Employees are required by 49 U.S.C. 40118, commonly referred to as the “Fly America Act,” to use U.S. flag air carrier service for all air travel funded by the U.S. Government except as provided in §§ 301-10.135 and 301-10.136 or when one of the following exceptions applies. Exceptions can only be approved by the agency head or designated official.

(a) Use of a foreign air carrier is determined to be a matter of necessity in accordance with § 301-10.135.

(b) The transportation is provided under a bilateral or multilateral air transportation agreement to which the U.S. Government and the government of a foreign country are parties and which the Department of Transportation has determined meets the requirements of the Fly America Act.

(c) The employee is an officer or employee of the Department of State or an Executive branch employee under Chief of Mission authority, and travel is paid with funds appropriated to one of these agencies and the employee's travel is between two places outside the United States.

(d) No U.S. flag air carrier provides service on a particular leg of the route, in which case foreign air carrier service may be used, but only to or from the nearest interchange point on a usually traveled route to connect with U.S. flag air carrier service.

(e) A U.S. flag carrier involuntarily reroutes the employee's travel onto a foreign carrier.

(f) Service on a foreign air carrier would be three hours or less, and use of the U.S. flag carrier would at least double the employee's en route travel time.

(g) When the costs of transportation are reimbursed in full by a third party, such as a foreign government, international agency, or other organization.

(h) For travel solely outside the U.S., use of an available U.S. flag air carrier when compared to using a foreign air carrier will increase the number of aircraft changes the employee must make en route by 2 or more; or extend the travel time by 6 hours or more; or require a connecting time of 4 hours or more at an overseas interchange point.

(i) The employee is an officer or employee of the Department of State or an executive branch employee under Chief of Mission authority, and travel meets the requirements of 22 U.S.C. 4081a.

§ 301-10.135Fly America exceptions for foreign air carrier service as a necessity.

(a) Foreign air carrier service is deemed necessary when U.S. flag air carrier service is available but—

(1) Cannot provide required air transportation; or

(2) Will not accomplish the agency's mission.

(b) Necessity includes circumstances such as:

(1) Medical reasons, including reducing connections and potential delays for individuals needing medical treatment.

(2) Avoiding unreasonable risks to employee safety, which requires a case-by-case agency determination and written agency approval.

(3) Threats against U.S. flag air carriers, which must be supported by a travel advisory notice from the Federal Aviation Administration and Department of State.

(4) Threats against a Government employee or other travelers, which must have evidence supporting the threat that form the basis of the agency's determination and approval.

(5) Inability to purchase a ticket in the authorized service class on a U.S. flag air carrier, and there is an available seat in the authorized service class on a foreign air carrier.

§ 301-10.136Fly America Act exceptions for travel between the United States and another country.

(a) If a U.S. flag air carrier offers nonstop or direct service (no aircraft change) from origin to destination, the employee must use the U.S. flag air carrier service unless such use would extend travel time, including delay at origin, by 24 hours or more.

(b) If a U.S. flag air carrier does not offer nonstop or direct service (no aircraft change) between origin and destination, the employee must use a U.S. flag air carrier on every portion of the route where it provides service unless, when compared to using a foreign air carrier, such use would:

(1) Increase the number of aircraft changes made outside of the U.S. by 2 or more;

(2) Extend travel time by at least 6 hours or more; or

(3) Require a connecting time of 4 hours or more at an overseas interchange point.

§ 301-10.141Certification requirements for foreign air carrier use.

Employees must provide a certification as required in this section and any additional documents specified by the agency. The agency will not pay the foreign air carrier fare without the required certification. The certification must include—

(a) Employee's name;

(b) Travel dates;

(c) Origin and destination;

(d) Detailed travel itinerary, including air carrier and flight number for each leg of the trip; and

(e) Statement explaining compliance with exceptions in § 301-10.134 or § 301-10.136, or a copy of the agency's written approval deeming foreign air carrier service necessary in accordance with § 301-10.135.

§ 301-10.142Liability for improper or unauthorized foreign air carrier use.

Employees will not be reimbursed for transportation costs incurred through improper or unauthorized use of foreign air carrier service.

§ 301-10.160Use of extra-fare train service.

Employees may use extra-fare train service when the agency determines it is more advantageous to the Government or required for security reasons. Such use must be authorized or approved as other than coach class accommodations in accordance with § 301-10.100.

§ 301-10.161Use of train sleeping accommodations.

Employees may use the lowest class of sleeping accommodations aboard a train that meets mission needs when overnight travel is required, and the agency determines such accommodations are advantageous to the Government.

§ 301-10.180U.S. flag ship requirement.

When authorized to travel by ship, employees must use a U.S. flag ship when available, unless the mission's necessity requires using a foreign ship. (See 46 U.S.C. 55302.)

§ 301-10.181Liability for improper foreign ship use.

Employees are required to travel by U.S. flag ship for the entire trip, unless the agency specifically authorizes use of a foreign ship. Any costs resulting from improper or unauthorized use of a foreign ship are the employee's responsibility.

§ 301-10.190Use of transit system for official travel.

Employees may use a transit system as a means of transportation in conjunction with official travel when such transportation is authorized and approved by the agency in the following manner:

(a) At the official station.

(1) From the employee's residence or other authorized point of departure, e.g., rail to airport;

(2) To the employee's residence or other authorized point of return, e.g., airport to rail;

(3) From the employee's residence to the office on the day of departure from the official station on official TDY that requires at least one night's lodging; or

(4) From the office to the employee's residence on the day of return to the official station from an official TDY assignment that requires at least one night's lodging.

(b) At the TDY location.

(1) From the TDY transit system station(s) to the place of lodging or place of official business and return;

(2) To, from, and between places of lodging and official business;

(3) Between places of official business; or

(4) To obtain meals at the nearest available place when the nature and location of the official business or the lodging at a TDY location are such that meals cannot be obtained there.

§ 301-10.200Types of Government vehicles.

Employees may be authorized to use a Government-furnished automobile, a Government aircraft in accordance with §§ 301-10.260 through 301-10.265, and other types of Government vehicles in accordance with Government-issued rules governing their use.

§ 301-10.201Liability for unauthorized Government vehicle use.

Employees are responsible for any costs resulting from unauthorized use of a Government vehicle and may be subject to administrative and/or criminal liability for misuse of Government property.

§ 301-10.260Use of Government aircraft.

Agencies may authorize Federal travelers, non-Federal travelers, and any other passengers, as defined in § 300-1.1 of this subtitle, to travel on Government aircraft, subject to the rules in this subpart. Because the taxpayers generally should pay no more than necessary for transportation of travelers, except for required use travel, agencies may authorize travel on Government aircraft only when a Government aircraft is the most cost-effective mode of travel and the traveler is traveling for governmental purposes. Employees may use Government aircraft for travel only when authorized by an executive agency under specific rules except with regard to travel under § 301-70.802 of this chapter.

§ 301-10.261Types of Government aircraft travel.

Employees may use Government aircraft—

(a) For official travel only when—

(1) No scheduled commercial airline service is reasonably available (able to meet departure and/or arrival requirements within a 24-hour period, unless extraordinary circumstances require a shorter period) to fulfill the agency's travel requirement; or

(2) The cost of using a Government aircraft is less than the cost of the City Pair coach fare or the lowest available full coach fare for scheduled commercial airline service, considering costs of non-productive or lost work time.

(b) For required-use travel when required for bona fide communications, security reasons, or exceptional scheduling requirements, including travel for official, personal, or political purposes.

(c) For space available travel when—

(1) The aircraft is already scheduled for official purpose and additional use does not require a larger aircraft or result in more than minor additional cost;

(2) The traveler is a Federal traveler or dependent stationed in a remote location not accessible to commercial airline service; or

(3) The traveler is authorized to travel on a space available basis under 10 U.S.C. 2648 and in accordance with §§ 301-10.260 through 301-10.264.

§ 301-10.262Authorization of Government aircraft travel.

The agency will authorize employee travel on Government aircraft as follows:

(a) Required use travelers. (1) The agency's senior legal official or principal deputy must authorize required-use travel on a trip-by-trip basis, in advance, in writing, and in compliance with agency policies, unless:

(i) The traveler is an agency head with Presidential determination that all travel (or travel in specified categories) is required-use travel; or

(ii) The traveler is not an agency head, and the agency head has determined in writing that all travel (or travel in specified categories) is required-use travel. Any determination by an agency head that travel by an officer or employee of that agency qualifies as required use travel must be in writing and set forth the basis for that determination.

(2) In emergency situations, prior verbal approval with after-the-fact written authorization is permitted.

(b) Senior Federal officials. The agency's senior legal official or principal deputy must authorize all travel on Government aircraft in advance and in writing, except for pre-authorized required-use travel under paragraphs (a)(1) and (2) of this section. Emergency situations allow prior verbal approval with after-the-fact written authorization.

(c) Non-Federal travelers. The senior legal official or principal deputy in the sponsoring agency must authorize travel on Government aircraft in advance and in writing. Emergency situations allow prior verbal approval with after-the-fact written authorization.

(d) Other Federal travelers. A designated travel-approving official (at least one organizational level above the traveler) or their delegate must authorize travel on Government aircraft in advance and in writing. Blanket travel authorizations must define, and such travel must meet, specific circumstances for aircraft use; otherwise, authorization must be on a trip-by-trip basis. Emergency situations allow prior verbal approval with after-the-fact written authorization.

§ 301-10.263Travel authorization documents for Government aircraft.

(a) Employees must present to the aircraft management office that operates the Government aircraft:

(1) Valid picture identification, such as a Government identification card or a State-issued driver's license; and

(2) A copy of their written travel authorization, including any applicable blanket travel authorization, approved in accordance with § 301-10.262.

(b) The travel authorization for a senior Federal official or a non-Federal traveler must include the following information:

(1) Traveler's name with indication that the traveler is either a senior Federal official or a non-Federal traveler, whichever is appropriate.

(2) The traveler's organization and title or other appropriate descriptive information, e.g., dependent, press, etc.

(3) Name of the authorizing agency.

(4) The official purpose of the trip.

(5) The destination(s).

(6) For personal or political travel, the amount that the traveler must reimburse the Government ( i.e., the full coach fare or appropriate share of that fare).

(7) For official travel, the comparable City Pair fare (if available to the traveler) or full coach fare if a City Pair fare is not available.

§ 301-10.264Reimbursement to the Government for Government aircraft travel.

(a) No reimbursement is required for official travel on a Government aircraft.

(b) For personal travel on Government aircraft, reimbursement depends on specific circumstances:

(1) For required use travel, the employee must reimburse the Government the excess of the full coach fare for all flights taken over the full coach fare for flights that would have been taken without personal activities. For a wholly personal trip, the employee must pay the full coach fare for the entire trip.

(2) For travel authorized under 10 U.S.C. 2648 and in accordance with §§ 301-10.260 through 301-10.264, or for employees or their dependents stationed by the Government in remote locations without access to regularly scheduled commercial airline service, no reimbursement is required.

(c) For political travel on a Government aircraft, the Government must be reimbursed the excess of the full coach fare for all flights taken over the full coach fare for flights that would have been taken without political activities. If other laws or regulations specify a different reimbursement amount, that specified amount applies.

(d) Except for required use travel, any use of Government aircraft for personal or political activities must not increase the actual operating costs to the Government.

§ 301-10.265Information available to the public about travel by senior Federal officials and non-Federal travelers on Government aircraft.

Information is available to the public in response to written requests under the Freedom of Information Act (5 U.S.C. 552), except for portions exempt from disclosure under that Act (such as classified information).

§ 301-10.300Determining and computing mileage reimbursement.

Employees compute mileage reimbursement by multiplying the distance traveled, determined by the applicable mileage rate as follows:

Table 1 to § 301-10.300

If travel is by

The distance between origin and destination is

Privately owned automobile or privately owned motorcycle

As shown in paper or electronic standard highway mileage guides, or the actual miles driven as determined from odometer readings.

Privately owned aircraft

As determined from charts issued by the Federal Aviation Administration (FAA). Employees may include in their travel claim an explanation addressing any additional air mileage resulting from a detour necessary due to adverse weather, mechanical difficulty, or other unusual conditions. If a required deviation is such that airway mileage charts are not adequate to determine distance, employees may use the formula of flight time multiplied by cruising speed of the aircraft to determine distance. Employees must convert nautical miles to statute or regular miles when submitting a claim (1 nautical mile equals 1.15077945 statute miles).

§ 301-10.301Reimbursement for advantageous POV use.

Employees will be reimbursed an applicable mileage rate based on the type of POV actually used, including privately owned airplane, automobile, or motorcycle. These rates will be published in an FTR bulletin and displayed on the General Services Administration website at https://www.gsa.gov/mileage.

§ 301-10.302Allowable expenses beyond POV mileage rate.

Following is a table listing the reimbursable and non-reimbursable expenses:

Table 1 to § 301-10.302

Reimbursable expenses in addition to mileage

allowance

Non-reimbursable expenses included in the mileage

allowance

Parking fees; ferry fees; bridge, road, and tunnel fees; and aircraft or airplane parking, landing, and tie-down fees

Charges for repairs, depreciation, replacements, grease, oil, antifreeze, towage and similar speculative expenses, fuel, insurance, state and Federal taxes.

§ 301-10.303Reimbursement with multiple POV travelers.

If another employee travels with the employee on the same trip in the same privately owned vehicle, mileage is payable to only one traveler. No deduction will be made from the mileage allowance if other passengers contribute to defraying expenses.

§ 301-10.304Reimbursement for POV parking at common carrier terminal.

The agency may reimburse the parking fee as an allowable transportation expense, not exceeding the cost of using one of the following to/from the terminal, as determined by the agency: a taxi, transportation network company (TNC), or innovative mobility technology company.

§ 301-10.305Reimbursement when using an unauthorized method of transportation.

Reimbursement is limited to the constructive cost of the authorized transportation method, which is the sum of travel and transportation expenses the employee would reasonably have incurred had they traveled by the method deemed most advantageous to the Government. The calculation involves assumptions and may include expenses such as: taxi and TNC fares, baggage fees, rental car costs, tolls, ferry fees, and parking charges.

§ 301-10.306Reimbursement when using a POV instead of a Government-furnished automobile.

Employees will be reimbursed based on a constructive mileage rate limited to the cost that would be incurred for use of a Government-furnished automobile. This rate will be published in an FTR bulletin available at https://www.gsa.gov/ftrbulletins.

§ 301-10.400Types of special conveyances.

The agency may authorize or approve use of:

(a) Taxis, TNCs, or innovative mobility technology companies as specified in § 301-10.420;

(b) Commercial rental automobiles as specified in §§ 301-10.450 through 301-10.452; or

(c) Any other special conveyance when determined to be advantageous to the Government.

§ 301-10.401Reimbursable charges for special conveyance.

Reimbursement is limited to actual expenses that the agency determines are necessary.

§ 301-10.420Use of taxi, TNC, innovative mobility technology company, shuttle service, or other courtesy transportation.

When authorized and approved by the agency, employee transportation expenses in the performance of official travel are reimbursable for the usual fare plus a tip which the agency determines to be reasonable for use of a taxi, TNC, innovative mobility technology company, shuttle service, or other courtesy transportation (if charges result). When selecting a TNC, first consideration should be given to the General Services Administration's Ridehail/Rideshare program.

§ 301-10.450Rental vehicle use and authorization.

(a) The agency must determine that a rental vehicle's use is advantageous to the Government and specifically authorize such use.

(b) When authorized, travelers should first consider renting from a vendor participating in the Defense Travel Management Office (DTMO) U.S. Government Car Rental Agreement to obtain insurance and damage liability benefits, unless traveling OCONUS where no agreement exists for the temporary duty location.

(c) Travelers must use the least expensive compact car available, with exceptions approved on a limited basis and documented on the travel authorization. Exceptions may include:

(1) Accommodating medical disabilities or special needs.

(2) Agency mission requirements.

(3) When the cost of other than a compact car is less than or equal to the cost of the least expensive compact car available.

(4) Requiring additional space for multiple travelers authorized to travel together in the same vehicle.

(5) Carrying large amounts of Government material.

(6) Safety considerations during severe weather or difficult terrain.

(d) Travelers will not be reimbursed for:

(1) Pre-paid refueling options. They should refuel before returning the vehicle, with vendor refueling charges reimbursable only if complete refueling is impossible due to safety issues or fueling station location.

(2) Rental car loyalty point fees or point transfer charges.

§ 301-10.451Reimbursement for collision damage waiver and theft insurance.

Employees may not be reimbursed for collision damage waiver (CDW) or theft insurance except that employees may be reimbursed for one or the other (or both) when traveling OCONUS and it is necessary due to rental agency requirements, foreign statutes, or legal procedures that could cause extreme difficulty for an employee involved in an accident.

§ 301-10.452Liability for unauthorized rental automobile use.

Employees are responsible for any additional costs resulting from using a Government-funded commercial rental automobile for other than official purposes. Official purposes which include transportation:

(a) Between places of official business;

(b) Between such places and places of temporary lodging when public transportation is unavailable or its use is impractical; or

(c) Between either paragraph (a) or (b) of this section and restaurants, drug stores, barber shops/hair stylists, places of worship, cleaning establishments, and similar places necessary for the sustenance, comfort, or health of the employee to foster the continued efficient performance of Government business.

46 sections

Cite this law

TRANSPORTATION EXPENSES (U.S.C.). Retrieved via LawPlayer, https://lawplayer.com/us/act/cfr-title-41-part-301-10

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